CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Tria Beauty reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear at the bottom of this page. Please check back frequently to see the Agreement then in effect. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
Tria Beauty also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Tria Beauty's other remedies under applicable laws. Tria Beauty further reserves the right to terminate, without notice, any user's access to or use of the Site or Services for any reason.
Tria Beauty reserves the right without notice, at any time and for any reason, to terminate, temporarily or permanently, the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by Tria Beauty. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Tria Beauty or its affiliates or are licensed from third parties by Tria Beauty. The Site and the Site Information, as a whole and in part, is protected by US, Canadian and international copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights and laws. All other applicable rights are reserved.
USE OF THE SERVICE BY YOU
Use of the Site, Services or Site Information for any purpose not expressly permitted in this Agreement is prohibited. You may view and use the Site Information only for your own information purposes and for shopping and ordering on the Site. Tria Beauty authorizes you to print and download a single copy of the Site Information solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices contained in the Site Information and the citation of the URL Source of such Site Information. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Site and the Services is personal to you -- you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Tria Beauty does not provide medical advice. The products offered by Tria Beauty are not offered as prevention, treatment or cure for any medical conditions. The Content provided on the Website is provided for informational and educational purposes only and should not be substituted for the advice of a healthcare professional or as a substitute for any information contained in or on any product label or packaging. Tria Beauty recommends that you consult with a healthcare professional, as appropriate, regarding the evaluation of any specific information, opinion, advice or Content and prior to the purchase of any product. Website users assume the risk of any adverse effects.
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Tria Beauty. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Tria Beauty. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Tria Beauty reserves the right, at its sole discretion to prohibit sales to dealers and resellers. Tria Beauty also reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of majority in your jurisdiction of residence. To register for any Services offered on the Site, you must be the age of majority in your jurisdiction of residence. If you are under the age of majority in your jurisdiction of residence, you may only use the Site in conjunction with your parents or guardians. Tria Beauty does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Tria Beauty becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
REGISTRATION WITH TRIABEAUTY.CA
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account and make a purchase with us. In consideration of your use of the Site and the Services provided, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
If necessary, we will assist you in creating a user id and a password. You are responsible for maintaining the security of your log-in information and password, and for any and all activity that occurs on the Site under such password or user id. You agree to immediately notify Tria Beauty of any unauthorized use of your password or user id or any other breach of security.
SHOPPING CART ORDERS
When you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable e-commerce service provider for processing. The sales transaction will occur and be consummated on the service provider's Site and not on the Site.
You may pay for your purchase using one of the following credit cards: American Express, MasterCard or Visa. You authorize Tria Beauty to charge the applicable card the amount of the invoice. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Tria Beauty will have no obligation to fulfill your order.
All billing and order information provided by you to Tria Beauty must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement.
Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such e-mail is a confirmation that your order has been received.
AVAILABILITY & DESCRIPTIONS
The purchase of products on the Site is subject to availability. In the event that the product you request is not available at the time of your order, Tria Beauty will have no obligation to fulfill your order and you will have no obligation to pay Tria Beauty for the order.
Although we strive to update and keep accurate as much as possible the Site Information contained on the Site, errors (including out-of-date information), omissions and/or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, Tria Beauty shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation. The Site may change, delete or update any Site Information at any time and without prior notice.
PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
FREIGHT TERM, TITLE TRANSFER
Unless otherwise agreed, products shall be shipped "F.O.B Origin" (Tria Beauty's warehouse), regardless of prepaid freight by Tria Beauty or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of buyer's order shall alter the foregoing.
For your convenience, we offer both standard and express shipping to Canada by Canada Post. Canada Post guarantees delivery within 3-13 days anywhere in Canada for $15 per shipment. Canada Post Express expedites delivery to 1-3 days in most parts of Canada for $30 per shipment. We require an additional 2 days processing time in addition to the Canada Post shipping times indicated above. A shipping confirmation e-mail containing your tracking information will be sent within 24 hours of when your order is shipped.
You have 90 days to return all Tria devices and skin care products.
All products purchased through the Replenish Me Program also come with a 60-day money back guarantee.
To receive your refund, contact Tria Beauty Customer Care at email@example.com. We will e-mail you a printable Return Authorization with confirmation number to include with your return shipment, along with the address for returning the product. Please be sure to wrap the product securely prior to mailing. Return Authorization is required for refund. Returns without a Return Authorization will be returned to sender.
To be eligible to receive a refund, returns must be post-marked within 14 days from your initial contact with Customer Care. We will inspect your return and issue you a full refund of the original purchase price for the returned product, less the amount of any damaged or missing items. Unfortunately we will not return any original or return shipping costs.
A confirmation e-mail will be sent to you once your refund has been processed. Please allow up to 10-14 business days from receipt of your package for processing of your refund.
Certain products purchased on the Site may subject to a 1-year limited warranty. For details see:Warranty
CONTENT SUPPLIED BY YOU
Tria Beauty may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content") to the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that:
- Concerns a use for which a product is not intended;
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to Tria Beauty or any other party's systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that Tria Beauty in its sole discretion deems to be Unacceptable Content.
By posting Content or engaging in any other form of communication through the Site, you grant Tria Beauty, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, translate, publish, create derivative works of, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such Content or communication, in whole or in part, alone or with other materials, and to sell, grant and authorize sublicenses of the foregoing, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose, including without limitation commercial, advertising and promotional activities, without compensation to you.
CONTENT POSTED BY USERS IS NOT ENDORSED BY TRIA BEAUTY
Tria Beauty does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Tria Beauty or its third party service providers. Tria Beauty reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice. You agree that Tria Beauty and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Site by others, including Unacceptable Content that violates this Agreement.
THIRD PARTY LINKAGES
Tria Beauty respects the intellectual property of others, and we ask our users to do the same. Tria Beauty may, at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Tria Beauty in writing by providing a notice containing the information set forth below to:
4160 Dublin Blvd., Suite 200
Dublin, CA 94568
Attention: Tria Beauty Copyright Agent
The notice of copyright infringement must contain:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s).
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to to locate the material on the Site.
- Contact information for the person sending the notice, such as an address, telephone number, and email address.
- A statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
ou agree to indemnify Tria Beauty and its affiliates, officers, directors, employees, agents, representatives, joint venturers, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys' fees) which may arise from your Content submissions, from your use of the Site, Services or Site Information, connection thereto, or any alleged breach by you of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE, THE SITE INFORMATION AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW AND, NOTWITHSTANDING ANY MANUFACTURER'S WARRANTY OFFERED IN CONNECTION WITH A PRODUCT PURCHASED ON THE SITE, TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TRIA BEAUTY, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE SITE INFORMATION IS ACCURATE, RELIABLE OR CORRECT; THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION; OR THAT NO VIRUSES OR OTHER HARMFUL COMPONENTS WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW, TRIA BEAUTY, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE OR THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
YOU HEREBY AGREE TO RELEASE TRIA BEAUTY, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES.
When you visit the Site or send emails to us, you are communicating with us electronically. We will obtain your consent to receive communications from us electronically. We will communicate with you be email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
JURISDICTION AND GOVERNING LAW
Tria Beauty makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless the laws of your jurisdiction require the laws of that jurisdiction apply, you agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, unless the laws of your jurisdiction require the laws of that jurisdiction apply, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
TRIABEAUTY.CA IS FOR USE IN CANADA
The Site is hosted in the United States and is intended for users located in Canada. If you are Canadian user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site and its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
The Tria, Tria Beauty and the Site names, logos, and other identifying marks are the property of Tria Beauty. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners. Such trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
CLEARANCE AUTHORITY STATEMENT
By ordering goods from Tria Beauty, I hereby authorize a licensed Canadian customs broker chosen by Tria Beauty to act as my agent, and to transact business with Canada Border Services Agency (CBSA) to clear my merchandise, account for applicable duties and taxes, to return merchandise to Landmark Global and prepare and submit refund claims on my behalf for any merchandise that I return.
I understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from Tria Beauty. In this connection, I also authorize the customs broker to endorse any refund check issued by CBSA in my name, so that Tria Beauty can be reimbursed. I also waive my need for any receipt of this transaction which may include classification of goods, transaction number, and a breakdown of duties and taxes.
This Agreement as well as any notices posted on the Site constitutes the entire agreement between you and Tria Beauty with respect to your purchase of products and use of the Site, the Services and the Site Information. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. The delay or failure of Tria Beauty to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Tria Beauty's rights with respect to such breach or any subsequent breaches. Notwithstanding any other provisions of this Agreement, any provision of this Agreement that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of this Agreement, including, without limitation, the indemnification and limitation of liability provisions.
4160 Dublin Blvd., Suite 200
Dublin, CA 94568
LAST REVISED : July, 2012